105Control of Work

105.01 Authority of the Engineer. The Engineer has the au thority to make decisions

on all questions that may arise as to the quality and acceptability of materials, the work and the progress of the work; all questions that may arise as to the interpretation of the plans and specifications; and all questions as to the fulfillment of the Contract. The Engineer has the right, but not the obligation, to suspend the work wholly or in part and to withhold payments because of the Cont ractor's failure to correct conditions unsafe for workmen or the general public, for failure to carry out provisions of the Contract, or for failure to carry out orders. The Engineer may also suspend work for periods deemed necessary due to unsuitable weather conditions, for any conditions considered unsuitable for the prosecution of the work, or for any other condition or reason deemed by the Engineer to be in the public interest. The Department and the Commission shall not be held liable for any conditions that it is not made aware of, and there is no duty on the part of the Department to inspect for said unsafe and/or unsuitable conditions. The duty to ensure that the conditions are safe for workmen and the general public remains at all times with the Contractor, and shall not be a ltered by any course of conduct and/or action or inaction on the part of the Department. The Engineer may authorize, in writing, the continued prosecution of items past their specified seasonal limits when it is determined that the quality of the work will not be reduced and the public interest will be best served. The Engineer will have authority to enforce and make effective all decisions and orders relating to the Contract. All correspondence con cerning a project, other than co rrespondence related to the execution of the Contract and sub-contracting, shall be sent to the Project Engineer. The Project Engineer will then forward any necessary correspondence to the appropriate Division. This includes general correspondence, submittals, shop drawings, requests for advancement of materials, etc. If electr onic submittals are allowed, they may be submitted directly to the appropriate Divisi on with copies to the Project Engineer.

105.02 Plans and Working Drawings. After the Contract is executed by the Executive Director, the Contractor will receive, free of charge, two bound copi es of the proposal

and contract documents, one executed and one blank, two full scale copies of the plans and five half-scale copies. The Contractor shall have one copy of the proposal and contract documents and one half-scale copy of the plans available at all times during work activity on the project. Plans will generally show details of the work to be performed and a summary of the items appearing in the proposal. The plans will be supplemented by working drawings as necessary to adequately control the work. Working drawings shall be furnished by the Contractor as required for the completion of the work. Except where otherwise specified, working drawings shall be approved by the Engineer but such approval will not relieve the Contractor of any responsibility. Working drawings shall not be considered as plan changes and any conflicts on working drawings, whether approved or not, shall not supersede the requirements of the origin al plans and specifications. If required, the Contractor shall furnish the or iginal tracings of working plans or drawings to the Engineer. The contract unit price shall include the cost of furnishing all working drawings. However, when design details of the plans ar e changed after the Contractor has submitted the required working drawings, the Engineer may order the Contractor to furnish revised or new working drawings as Extra Work.

105.03 Conformity with Plans and Specifications. All work performed and all

materials furnished shall be in reasonably cl ose conformity with the lines, grades, cross- sections, dimensions, material requirements and other construction requirements shown on the plans or required by the specifications. Where defined tolerances are specified in the contract, such tolerances shall fix the limits of reasonably close conformity. Plan dimensions and Contract specification values are target values to be strived for and from which tolerances are allowed. It is the intent of the specifications that the materials and workmanship shall be uniform in charact er and shall conform as realistically as possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for pr actical reasons. When maximum and/or minimum values are specified, the production and processing of the material and the performance of the work shall be so controlled that the material and work will not be predominately of borderline quality or dimension. Predominantly borderline quality of materials or work on a continuing basis will be just cause for temporary suspension of work. In the event the Engineer finds that the materials or the finished product in which the materials are used are not within reasona bly close conformity with the plans and specifications but that reasonably acceptable wo rk has been produced, the Engineer will make a determination as to whether the work will be accepted and remain in place. The Engineer will then make an appropriate adjustment in the contract price for the work or materials as provided in the Contract. If no provision for adjustment in price is included in the Contract, the Engin eer will document the basis of acceptance by Contract modification and also may provide for an adjustment in contract price. The documentation for adjustment in contract price will be based on engineering judgment if a standard criteria for the items involved has not been issued. When the materials, the finished product or the work are not in reasonably close conformity with the plans and specifications and have resulted in an inferior, unsatisfactory or unacceptable product, the work or materials shall be removed and replaced or otherwise corrected by the Contract or at no additional cost to the State in a manner satisfactory to the Engineer. When work is of a temporary nature and its use is expected to be of short duration, the Engineer may allow minor deviations, not more than five percent (5%), from specified test values. Any such allowance will not relieve the Contractor from responsibility for maintenance of the work.

105.04 Coordination of Plans, Specifica tions, Interim Specifications, Special

Provisions and Notice to Bidders. These specifications, interim specifications, plans, special provisions, notices to bidders and al l other supplemental documents are essential parts of the Contract, and a requirement occurring in one Contract Document is as binding as though occurring in all. Thes e contract documents are intended to be complementary and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions. Parts of the Contract will prevail in the following order:

105.05 Cooperation by Contractor. The Contractor shall give the work the constant

attention necessary to facilitate the progress th ereof, and shall cooper ate in every possible way with the Engineer, Inspectors and other Contractors on the given project as well as on any adjacent projects, as per Subsection 105.07.

105.05.1 Project Superintendent. The Contractor shall have a competent and

experienced full time resident superintendent who is capable of reading and understanding the plans and specifications for the particular work being performed. The superintendent shall be on the project site at any time work is being performed by the Prime Contractor or any Subcontractors. The superintendent shall advise the Project Engineer of an intended absence from the work and designate a person to be in charge of the work during such absence. The superint endent shall receive instructions from the Engineer or authorized representative. On projects that require 24/7 work, the Contractor will be required to list multiple superintendents to cover all time periods when work is being performed. Upon issuance of the Notice to Award, the Contractor or duly appointed agent authorized to bind the Contractor shall file with the Executive Director the name and address of the superintendent(s) who will supervise the work with copies to the Construction Engineer, Contract Administration Engineer, District Engineer and Project Engineer. The Executive Director sh all be immediately notified in writing with copies to those stated when a change is made in the Contractor's superintendent or superintendent’s address. The superintendent shall have full authority to execute orders or directives of the Engineer without delay and to promptly supply materials, equipment, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet.

105.05.2 Certified Erosio n Control Person (CECP) . On projects that require an

erosion control plan, the Contractor shall also designate a responsible person who will monitor and maintain the effectiveness of the erosion control plan, including NPDES permit requirements, and complete storm water reports as required by the Contract. Prior to or at the preconstruction conference, th e Contractor shall designate in writing the CECP to the Project Engineer. The designate d CECP shall be assigned to only one (1) project. When special conditions exist, such as two (2) adjoining projects or two (2) projects in close proximity, the Contract or may request in writing that the State Construction Engineer approve the use of one (1) CECP for both projects. The Contractor shall request in writing that the Engineer authorize a substitute CECP to act in the absence of the CECP. The designated CECP and substitute or replacement CECP must be certified by an organization approved by the Department. A copy of each CECP's certification must be included in the Contractor's Protection Plan as outlined in Subsection 107.22.1. 105.05.2.1--Responsibilities and Duties of the Certified Erosion Control Person. In addition to the requirements set for in the NPDES Permit, the CECP shall also be responsible for the following:

105.05.2 2--Deficient Performance of the Certified Erosio n Control Person. I n t h e

event that the Contractor’s CECP is not m eeting the requirements set forth above, the Project Engineer will notify the Contractor in writing, describing the CECP’s deficient performance. If the deficient performance should continue, the Department may take any or all actions listed below:

105.06 Cooperation with Utilities. The Department will notify all utility companies,

all pipe line owners and other known affected parties and endeavor to have plans and agreements for all necessary ad justments within or adjacent to the limi ts of construction before bids are received. Such utility plan s and agreements will be made available for inspection by the Contractor in the Jackson Office. The Department will also endeavor to have all necessary adjustments made as soon as practicable. All utility appurtenances are to be relocated or adjusted by others unless provided otherwise in the Contract. All known utilities within the project are shown on the plans. It is understood and agreed that the Contractor’s bid has considered all of the utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for delays, inconvenience, or damage sustained by the Contractor due to interference from the said utility appurtenances or the operation of moving them. The Engineer's determination that removing, relocating, or adjusting of utility appurtenances or failure of others to do so is causing a delay in major phases of construction that normally should be in progress will be considered a delay by the State in the determination of extension of contract time, but any such delay shall not be the basis for any liability or monetary damage against the Commission, the Department and/or any of its officers or employees. In the event the utility owners fail to comply with their responsibility in relocating or adjusting their facilities, the Engineer may require the Contractor to make adjustments as Extra Work.

105.07 Cooperation Between Contractors. The Department reserves the right to

award contracts for work on or near work covered by other contracts. Each Contractor will be expected to cooperate with the othe r Contractor(s) and the Department in every reasonable manner. The Department will make a determination as to the practicality of prosecuting an existing contract before an additional award is made for work in the same area. Insofar as is practicable, the Department will give notice of the intent to award subsequent contracts in the same area. Failure to do so , however, shall not prejudice the rights of the Commission to award additional contracts and shall not constitute grounds for claims against the State, the Commission, the Department or any of its officers or employees. When separate contracts are let for work, any part or all of which is within the same limits, each Contractor’s work shall be conducted so as to cause the least interference with work being performed by the other Contractor(s). When contracts are awarded to separate Contractors for concurrent construction within a common area, the Contractors, in conference with the Engineer, shall establish a written joint schedule of operations. Such schedule will set out approximate dates and sequences for work to be performed with due regard to needs and contract time limitations of each contract. The Engineer may allow modification of the schedule when mutual benefit to the Contractors and the Department will result. Any modification of the joint schedule shall be in writing, mutually agreeable, and signed by the Contractors. Failure of either Contractor to abide by the terms of the joint schedule or modified schedule will be justification for termination of the Contract under the provision of Subsection 108.08. Each Contractor’s work shall be arranged such that the placement and disposal of the materials and equipment being used shall not interfere with the operations of the other Contractor. Each Contractor sh all join their work with that of others in an acceptable manner and perform it in the sequence of the established schedule. Each Contractor involved shall assume all liability, financial and otherwise, in connection with the Contract and shall protect and save harmless the Commission, the Department or any of its officers or employees from any and all damages or claims of any kind that may arise, including but not limited to, inconveni ence, delay or loss experienced because of the presence and operations of the other Contractor(s) working within the same contract limits. When the plans and/or proposal indicate that there is a ra ilroad crossing the project at grade, the Department may construct or have constructed by others an at-grade railroad crossing. This work may also include adjustment or installation of allied traffic safety features. If the railroad work is to be performed under separate contract let by the Department, all the provisions of this subsection are applicable. When the work is to be performed by the railroad or its Contractor, all the provisions of this subsection are applicable except a schedule of operations will not be required.

105.08 Construction Stakes, Lines and Grades. Except when the Contract contains a

pay item for "Roadway Construction Stakes," the Engineer will set construction stakes establishing lines, slopes, and profile grades in road work and only centerline and bench marks for bridge work. Box bridges shall not be considered as a bridge. The Engineer also will furnish the Contractor with all necessary information relating to lines, slopes, and grades. These stakes and bench marks shall constitute the field control by which the Contractor shall establish and maintain all necessary controls and perform the work. The Department will assume responsibility for the accuracy of the stakes and bench marks at the time they are se t by the Engineer or the Engineer’s representative. Any corrective work caused by inaccurate field controls establis hed by the Department will be considered as Extra Work and paid for unde r appropriate provisions of the Contract. The Contractor shall be held responsible for the preservation of all stakes and bench marks, and when carelessly or willfully destroye d or disturbed, the cost of replacing them will be charged against the Contractor. When the Contract contains a pay item for co nstruction stakes, Section 699 shall apply.

105.09 Authority and Duties of the Resident or Project Engineer. As the direct

representative of the Chief Engineer, the assigned Resident or Project Engineer has immediate charge of the engin eering details of the Contract. The Resident or Project Engineer is responsible for the administration of the Contract, and the authority is delegated commensurate with these responsibilities.

105.10 Duties of the Inspector. Inspectors employed by the Department will be

authorized to inspect all work and materials. The inspection may extend to all parts of the work and to the preparation, fabricati on or manufacture of the materials. The Inspector will not be authorized to alter or waive the provisions of the Contract, to issue instructions contrary to the plans and sp ecifications or to act as foreman for the Contractor. 105.11--Inspection of Work. All materials and each part or detail of the work are subject to inspection by the En gineer. The Engineer shall be allowed access to all of the work and shall be furnished with such information and assistance by the Contractor as necessary to make a complete and detailed inspection. Prior to acceptance of the work, the Contractor shall remove or uncover such portions of the work as directed by the E ngineer. After examination, the Contractor shall restore said portions of the work. If the work exposed or examined was acceptable, the uncovering or removing and the restoring of the work will be paid as Extra Work. If the work so exposed or examined was unacceptable, the unc overing or removing and the restoring of the work will be at no additional cost to the State or the Commission. Work performed or materials used by the Contractor without supervision or inspection by an authorized Department representative ma y be ordered removed and replaced. In the event it is determined by the Executive Director that non-supervision or non-inspection by the Department was due to the failure of the Engineer to have a representative present after having been given reasonable notice in writing that the work was to be performed, the work may be examined, removed or repl aced as ordered and will be paid as Extra Work if the work so exposed or examined was acceptable. Otherwise, such unauthorized work shall be removed and replaced at no ad ditional cost to the St ate or the Commission. Although the Engineer and/or his authorized representative may inspect the work and has the right to stop any and all work not conforming to the contract documents and these specifications, the ultimate responsibility to ensure that the work is completed according to the contract documents and these specif ications rests with the Contractor. Any inspections conducted by or on behalf of the Department do not relieve the Contractor from this obligation, nor does the fact that inspections are conducted or ordered by the Department create a course of conduct that can in any way be construed as a waiver of the Contractor’s duties and responsibilities. When any unit of government, political subdivision, railroad corporation, or other public service is to pay a portion of the cost of th e work its respective representative shall have the right to inspect the work. Such inspection shall in no way make said agency or corporation a party to this Contract and shall in no way interfere with the rights of either party of the Contract. 105.12--Removal of Unacceptable and Unauthorized Work. Unless otherwise determined acceptable under the provisions of Subsection 105.03, all work that does not conform to the requirem ents of the Contract will be considered as unacce ptable work. Unacceptable work, whether the result of poor workmanship, defective materials, damage through carelessness or any othe r cause, found prior to fina l acceptance of the work shall be removed and replaced in an acceptable ma nner, without any additional cost to the Commission. Work done contrary to the instructions of the Engineer, or beyond the lines shown on the plans or extra work without authority will not be paid for under the provisions of the Contract. All work shall be warrantied for a period of one (1) year following final acceptance. Any defective or nonconforming work, or latent de fects, shall be correct ed by the Contractor, at no cost to the Department.

105.13 Load and Speed Restrictions. The Contractor shall determine and comply with

all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. The Department shall have no obligation to determine or inform the Contractor of any legal load limitations of any municipality, county or the State of Mississippi. A special permit will not relieve the Contractor of liability for damages that may result from the moving of material or equipment. All trucks hauling materials to and from this project shall comply with the legal weight limits as established by law. The Department will not compensate the Contractor for any portion of a load delivered to the project in excess of the legal limit for that truck. Vehicles relying on harvest permits are limited to hauling only those materials set forth in Section 27-19-81(4) of the Mississippi Code, as amended. Within the project limits, the operation of equipment of such weight or so loaded as to cause damage to the roadway, structures or other work is forbidden. The Contractor shall regulate loads such that damage will not occur to structures or any completed subgrade or pavement structure, but in no case shall load s exceed the legal weight limit. Loads will not be permitted on a concrete pavement, base or structure before the expiration of the curing period. The Contractor shall be responsible for all damages caused by hauling equipment. The Contractor shall provide approved platform scales or a sufficient number of approved portable scales together with essentials fo r calibrating and all labor, tools, and equipment necessary to weigh as many loaded vehicles as will assure the Engineer of the Contractor's compliance with weight restrictions. The Contractor shall be responsible for the safe speed of vehicles assigned to the project. Speeds less than those provided by law may be ordered in writing by the Engineer when in the opinion of the Engineer such action is essential to public safety or to the quality of work.

105.14 Maintenance During Construction. The Contractor will be responsible for the

maintenance of existing roadways within the lim its of this project starting on the date of the Notice to Proceed. Anytime work is perfor med in a travel lane, the Contractor shall install portable lane closure signs meeting the requirement of the Department Standard Drawing or the Latest Edition of the MUTCD. The Contractor shall maintain the work until released from maintenance. This maintenance shall require continuous and e ffective work prosecuted day by day with adequate equipment, forces and material to the end that the roadway structures and all other features of the work are kept in satisfactory condition at all times. Traffic shall be continuously, safely and conveniently maintained as required under the Contract. In the case of a Contract for the placing of a previously constructed course or subgrade, the Contractor shall maintain the previous course or subgrade during all construction operations. All cost for maintenance of the work shall be included in the contract unit prices bid on the various pay items, and the Contractor will not be paid any additional amount for such work except as otherwise provided in the Contract. The Contractor must abide by the Departme nt highway right-of-way control of access and any additional construction access points as designed and allowed within the plans or Contract for access within th e project limits. The Contractor shall be responsible for obtaining permission from local officials for construction traffic to travel along and access the project limits from local roads. M DOT will not be held liable for any damage to local roads. Local roads that sustain damage due to c onstruction traffic are expected to be restored to conditions equal to or better than the pre-award conditions at the Contractor’s expense. The Contractor shall cooperate with the Depa rtment to allow MDOT personnel or MDOT representatives, FHWA, and ot her governmental agencies to access the construction site to perform inspections at an y time deemed appropriate.

105.15 Failure to Maintain Roadway or Structures. If the Contractor, at any time,

fails to comply with the provisions of Subsection 105.14, the Engineer will immediately notify the Contractor of such non-compliance. When the deficiency creates a traffic hazard, the Contractor shall immediately use all available means to correct or otherwise remove the hazard. The Contractor's failure to remedy unsatisfactory maintenance within 24 hours after receipt of such notice will be just cause for the Engi neer to maintain the project with such forces as the Engineer deems necessary . Any and all cost to the Department will be deducted from monies due or to become due the Contractor.

105.16 Blank .

105.17 Claims for Adjustments and Disputes. No claim shall be considered unless the Contractor has complied with all the re quirements of Subsection 104.02.4. If the

Engineer has denied the request for a change to the work per Subsection 104.02.4, the Contractor may commence with the filing of a claim as outlined in this Subsection.

105.18 Automatically Controlled Equipment. Unless otherwise prohibited in other

sections of the specifications or other co ntract documents, automatically controlled equipment that malfunctions may be operated manually or by other approved methods for a period of time approved by the Engineer so as to prevent loss or damage to the work already produced, manufactured, or processed at the time of the breakdown or malfunction. The resulting work must meet the requirements of the Contract.

105.19 Safety Apparel. All workers within the right-of-way shall wear high-visibility

safety apparel in accordance with the requir ements of Section 6D.03 of the MUTCD. Workers are defined as people on foot whose duties place them within the right-of way of highways, such as highway construction and maintenance forces, survey crews, utility crews, responders to incidents within th e highway right-of-way, and law enforcement personnel when directing traffic, investig ating crashes, and handling lane closures, obstructed roadways, and disasters within the right-of-way.

105.20 Acceptance.

105.20.1 Partial A cceptance of a Unit. When the Contractor has completed a unit of

the work such as an interchange, a structure, a portion of the road or pavement or one project of a multi-project Contract, the Contractor may request the Engineer to make a final inspection of that unit. The Executive Director may also order a final inspection of the unit, at the Executive Director’s discretion. If the Engineer finds upon inspection that the unit has been completed in compliance with the Contract and it is a complete facility that can be made available to the public or made available for the prosecution of work under another contract, the Executive Dir ector may conditionally accept the unit and conditionally relieve the Contractor of certain contractual responsibilities as defined in the release. In the event items of work covered by such re lease are found to be defective or deficient as evidenced by unsatisfactory te st reports of materials incorporated in the work or other engineering determination, the release shall be null and void upon written notification to the Contractor. The Contractor shall make all corrections, restorations, constructions or reconstructions deemed necessa ry and shall resume all co ntractual responsibilities until all corrective measures have been made in accordance with the terms of the Contract. Partial acceptance does not constitu te final acceptance of the wo rk, or any part thereof, nor in any way void or alter any of the terms of the Contract. Relief from "certain contractual responsibilitie s" as indicated herein may, or may not, include:

105.20.2 Partial Maintenance Release of a Project. Upon written notice from the

Contractor of presumptive completion of all the work and upon due notice from the Resident or Project Engineer, the Engineer will make an inspection. If the inspection discloses any work as being unsatisfactory or inco mplete, the Engineer will discuss in detail with the Contractor all discrepancies in the work. Upon correction of the work, another inspection will be made that shall constitute the final inspection, provided the work has been satisfactorily completed. However, if during the final inspection the Engineer determines that all work has been satisfactorily completed except for growth and coverage of plant establishment on all or part of the work, the Engineer may recommend partial release of all work except items related to growth and coverage. Upon such recommendation, the Contractor will be given a partial release of maintenance and shall be released from further contractual liabilities for the completed work other than warranty work or latent defects. The Contractor will retain responsibility for plant establishment and all maintenance and repairs appurtenant thereto until satisfactory growth and coverage is achieved. This responsibility may also include the continuation of the required storm water inspection and reporting.

105.20.3 Final Maintenance Release of a Project. Upon written notice from the

Contractor of presumptive completion of all the work and upon due notice from the Resident or Project Engineer, the Engineer w ill make an inspection. If all work provided by the Contract has been completed to the Engineer’s satisfaction, the inspection will constitute the final inspection, and the Engineer will conditionally release the Contractor of maintenance. As provided in the Contract, in the event items of work are found to be deficient or defective as evidenced by unsa tisfactory test reports of mate rial incorporat ed into the work, the Contractor shall assume full responsibility for corrective measures, and shall reassume maintenance and public liability un til such corrective measures are completed to the satisfaction of the Engineer.

105.20.4 Final Accep tance of a Project. Upon evidence that the Contractor has

fulfilled all obligations under the Contract, the Executive Director will make final acceptance and notify the Contractor in writing. Final acc eptance of the project will not be given until all obligations imposed under the Contract, including but not limited to the final reporting of payrolls, final reporting of DBE payments, acceptable certifications and test reports of materials used, etc., have been fulfilled. However, the Contractor remains responsible for all warranty work and any late nt defects found within one year of final acceptance. SECTION 106 - CONTROL OF MATERIALS

106.01 Source of Supply and Quality Requirements.

106.01.1 General. The materials used in the work shall meet all quality requirements of

the Contract. At the option of the Engineer , materials may be approved at the source of supply provided the Contractor notifies the Engineer of the proposed source of material well in advance of the time of proposed delivery. If previously approved materials do not produce uniform and satisfactory products, the Contractor shall furnish materials from other sources.

106.01.2 Warranties, Guaranties, Instruction Sheets and Parts Lists. F o r

manufactured articles, units, components or materials incorporated in any mechanical or electrical facility required un der the Contract, the manufacturer's warranties, guaranties, instruction sheets and parts lists shall be de livered before final acceptance of the work.

106.02 Local Materials Sources.

106.02.1 Designated Sources. Possible sources of local material may be designated on

the plans or described in the special provisions. The quality of material in such deposits will be acceptable in general, but the C ontractor shall determine for himself the equipment and work required to produce uni form, acceptable material. It shall be understood that it is not feasible to ascertain from samples the specific limits of acceptable material from the entire deposit and variations shall be considered as usual and are to be expected. The Engineer ma y order procurement of material from any portion of the deposit and may reject other portions of the deposit as unacceptable. Unless designated sources are identified in th e Contract as State Furnished or State Optioned, acquisition and rights of ingress and egress shall be the responsibility of the Contractor.

106.02.2 Contractor Furnished Sources. The Contractor shall provide sources of

materials meeting the requirements of the Co ntract and shall bear all costs involved, including the cost to the Department for sampling and testing for source approval. The Department's costs will be based on the standard sampling and testing charges published in Department SOP, and the charges will be deducted from monies due the Contractor. The Department will assume the cost of acceptance sampling and testing during production and use of the materials. All pits and quarry sites are subject to ap proval from the Mississippi Department of Environmental Quality, Office of Geology, as set forth in Subsection 107.23.

106.02.3 All Sources. All pit operations including hauling shall comply with the applicable provisions of Subsection 107.22. Unless otherwise permitted, all pits shall be